ADA Amendments Act of 2008 - The ADA, signed into law on July 26, 1990, prohibits discrimination on the basis of disability in employment, programs, and services provided by state and local governments, goods and services provided by private companies and in commercial facilities.

According to the Americans with Disabilities Act of 1990, a person with a disability is anyone who:

a. has a physical or mental impairment which substantially limits one or more major life activities;

b. has a record of such impairment; or

c. is regarded as having such impairment.

With regard to disability, a qualified person is a person who:

a. For purposes of employment, with or without reasonable accommodation can perform the essential functions of a job.

Texas State recognizes that employees with disabilities may have special needs for which accommodations may be necessary in order for the employee to perform the duties of their job. Reasonable accommodations for employees may include, but are not limited to:

a. making existing facilities used by employees readily accessible to and usable by individuals with disabilities;

Employees with disabilities who may require accommodations should follow the procedures outlined in this policy. It is the responsibility of the employee to make his or her needs known to Texas State in a timely manner. Failure to do so may delay the requested accommodation.

In order to evaluate the appropriateness of an accommodation request, the supervisor may require documentation of disability in the event the disability is not easily perceivable. Disability documentation should include the following:

a. diagnostic statement including the date of the most recent evaluation,

b. the diagnostic criteria or test used,

c. the current impact of, or limitations imposed by, the disability,

d. the expected duration, stability or progression of the disability, and

e. credentials of the diagnosing professional, including contact information.

All requests for accommodations should be confidentially submitted by the employee in writing to his or her department director/department head. The request should include the following:

a. documentation of need that is the basis of the request,

b. a description of the desired accommodation,

c. an explanation of how the request relates to the disability,

d. if applicable, a description of what steps have been attempted to

address the need for which the accommodation is now requested, and

e. possible alternatives if the requested accommodation or

configuration is not possible.

It is the responsibility of the employee’s supervisor to maintain all documentation of disability for an employee in a confidential file separate from the employee’s personnel file.

(1) has a physical or mental impairment that substantially limits one or more major life activities;

(2) has a record of such an impairment; or

(3) is regarded as having such an impairment.

This definition of disability may differ from the definition used in other laws. For example, the term “disabled veteran” means an individual who has served on active duty in the armed forces, was honorably discharged, and has a service-connected disability, or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department. See 5 U.S.C.A. § 2108. Nevertheless, many veterans who were wounded or became ill while on active duty meet both the definition of “disabled veteran” and the ADA’s definition of “individual with a disability.”

Under the ADA, an individual with a disability also must be “qualified” for the job the individual has or wants. To be qualified, an individual with a disability must meet the employer’s requirements for the job (such as education, training, skills, or licenses) and must be able to perform the job’s essential or fundamental duties, with or without reasonable accommodation.

If you are a veteran in need of disability accommodations please contact the Office of Disability Services Suite 5-5.1, LBJ Student Center,(phone): 512.245.3451.

Courtesy of: eeoc.gov

For Students

A student must provide documentation of their disability. Within thirty 30 days of the Office of Disability Services receiving a student’s disability documentation the information will be reviewed to determine accommodations. After the student is qualified, an appointment will be set up between the student and a Specialist from the Office of Disability. Please, remember that eligibility for the approved accommodations will not be effective until the ODS Specialist and student meet to discuss and review the approved accommodations.

An incoming student should not assume that the accommodations they received in high school will be provided at Texas State.